No Contradictions Between the Koran and the US Constitution

Library of CongressJefferson probably purchased this translation of the Koran in 1765 from the office of the
Virginia Gazette. At the time, Jefferson was engaged in his law studies at the College of
William and Mary, so it is likely that he purchased the book as an example of Arabic law,
as his textbooks suggested. Jefferson cataloged the book in his section on Religion,ând where it shared the shelves with early Greek and Roman mythology and the Bible.

A marriage made in heaven, the religion of Islam and
the American Constitution share no inherent contradictions. They actually
embody the same universal ideals of justice, fairness, and equality. This was
the conclusion of a recent fatwa, Arabic for a religious decree, issued by the
Fiqh Council of North America, or FCNA. The FCNA is the highest religious
institution responsible for issuing opinions on a wide range of Muslim
practices. Notable is the almost total lack of media attention given to this
document.

While the opinion, "Resolution on Being Faithful Muslims and Loyal Americans, is a welcome step, American Muslims still face unprecedented hurdles that thus far have precluded them from being accepted as equal citizens. Islamophobes of all types will discredit the religious opinion and may in fact twist it to imply the "creeping of Islamic Sharia." The core lie underlying the recent rise of Islamophobia is the claim that Muslims' loyalty to their faith makes them untrustworthy Americans. Baseless and meritless at its face, this claim is now forcefully challenged by a statement of far reaching implications.

The recent reality TV series "The All-American Muslim" had the grand objective of showing several Muslim families living their lives as Muslim and as Americans, struggling to reconcile their faith's commandments with the constraints of temporal demands. Identity with one's religious group first, one's nation second, is not a Muslim monopoly. Any good Christian or Jew must believe the same thing, I would argue.The fatwa, is in part, a response to what the FNCA
calls "erroneous perceptions and Islamophobic propaganda" that has
been built up for a decade following the 9/11 attacks and subsequent terrorist
plots by adherents of al-Qaida and other extremist groups. The FCNA group,
consisting of Islamic scholars who meet several times a year to draft opinions
on issues of concern to American Muslims, made the document public in Virginia
in September of 2011.
" As a body of Islamic scholars, we the members of
FCNA believe that it is false and misleading to suggest that there is a
contradiction between being faithful Muslims committed to God (Allah) and being
loyal American citizens," the fatwa declared.

"Islamic teachings require respect for the laws of
the land where Muslims live as minorities, including the Constitution and the
Bill of Rights, so long as there is no conflict with Muslims' obligation for
obedience to God. We do not see any such conflict with the U.S. Constitution
and Bill of Rights. The primacy of obedience to God is a commonly held position
of many practicing Jews and Christians as well."

Muslims make up less than 1%of the nation, according to the Pew Forum on Religion & Public Life,
yet the fast-growing community has been a constant target of right-wing groups.
From protests against the so-called "ground zero mosque in NYC," to efforts in more than a dozen states to ban the sharia law in courts, to recent Capitol Hill hearings on so called "American Islamic radicalization" that brought comparisons to
McCarthyism, Muslims have had to assert their loyalty time and again. Even a
reality TV show sparked a nationwide outrage when Lowe's, a major home improvement chain, pulled its advertising because
of pressure from a known right wing, Muslim-hating group.

Dr. Azizah Al-Hibri, a professor of law at the T. C. Williams School of Law, University of Richmond , talks about Islam, law and the concept of democracy.

America's first Muslim Congressman in 2002, Keith Ellison, used for his swearing in cermoney a borrowed
English copy of the Koran once owned by Thomas Jefferson . Congressman Ellison
wanted to signal that Jefferson's involvement in the drafting of the
declaration of Independence and US Constitution must have been influenced by
his readings of the Koran. (An excellent expose of the Jefferson' Koran is contained here.)

With some comparative study of the legal cultures
that were formed around the Koran and the
Constitution, a few common themes start to emerge,
and ultimately it turns out that there may be as many similarities as
differences between the jurisprudence of Islam and that of the United States. This is in fact the conclusion of law Professor Asifa Quraishi.
She contends that "What is striking about putting Islamic and American legal discourses side by
side is that many presumptions inherent in the different interpretive methods
translate across cultures quite easily, as do the corresponding attacks against
those using an opposing method." In layman terms, as relates to approaches to considering the textual interpretation, Muslim and American jurists following a
given method often will have more in common with each other than with those of
an opposite methodology in their own society. Sadly, these common denominators have been
relegated thus far, largely because the greater Muslim and American legal
communities have themselves been disengaged from fruitful debates.

It ought to be noted here that the American Muslim community is now sufficiently independent from other Muslim communities in that its religious institutions can issue rulings based on the specific needs of American Muslims. There is a body of fatwas issued by learned Imams or Councils regarding a multitude of issues affecting Americans Muslims such as condemnation of terrorism, voting in American elections, consumption and or sale of disallowed foods and drinks, interfaith marriage, the Islamic calendar for fasting, holidays, and as we reported recently, exchanging holiday greetings with non Muslims. This growing independence of American Muslims is rarely pointed out, as pundits tend to lump this community in with decisions and actions by Muslims in other parts of the world. To no avail, I find myself
often distancing myself from acts committed thousands of miles from our US
border. Why are we often expected and punished as if we are our brothers'
keepers?

Legal or academic research on this topic is rare
indeed, but this need not remain so for long. Often, the Judeo-Christian
traditions are considered the doctrinal foundation of the US Constitution. A
more appropriate tradition, the Abrahamic Tradition, that incorporates the
three monotheistic religions, Judaism, Christianity, and Islam, may offer clearer
insights onto the moral compass of America. The fatwa mentioned, we hope, might
face some warmer welcome once serious research has started.

In their book, Crisis, Call, and Leadership in the Abrahamic Traditions, Peter Ochs and William S. Johnson (2009) reveal how over
three years of study and fellowship, sixteen Muslim, Jewish, and Christian
scholars sought to answer one question: "Do our three scriptures unite or
divide us?" They offer their answers in this book: sixteen essays on how certain
ways of reading scripture may draw us apart and other ways may draw us,
together, into the source that each tradition calls peace. This groundbreaking
book, the outcome of an imaginative 3-year experiment by the Princeton Center
of Theological Inquiry, shows scholars and thinkers of the Abrahamic traditions
going deeper into the traditions and into their contemporary situation.

Those who are quick to dismiss Islam as unrelated to the Judeo-Christian
tradition need to recognize that many People are attracted to Islam
because of its beautiful simplicity and the spiritual wholeness that Islam
encompasses. Also highly appealing is Islam's 'code of equality' amongst
differing peoples, a truly unparalleled ideal when compared to any other faith.

Under
Islam, all - black, white, red, and yellow-are at one in justice, freedom, and
equality. For Islam, true excellence lies, not in the intellectual or manual
attainments of people of differing gifts; but in the level of piety and fear of
God.

Prophet Mohammad (PBUH), in his farewell sermon informed the believers relating to this matter:

"All
mankind is from Adam and Eve, an Arab has no superiority over a non-Arab nor a
non-Arab has any superiority over an Arab; also a white has no superiority over
black nor does a black have any superiority over white except by piety and good
action. Learn that every Muslim is a brother to every Muslim and that the
Muslims constitute one brotherhood."

Furthermore, God says in the Qur'an:

"O Mankind: We created you from a male and a female; and made you into tribes and
nations that you may get to know each other. and verily, most honored before
God is the most virtuous." – Qur'an English Translation [49:13]

Islam
clearly states from the above quote in the Qur'an people are made equal in
God's eyes and one's true test of character is not decided by what "tribe or
ethnicity" he/she is from but rather how virtuous and pious the individual.
Islam stresses the point that all of the God fearing believers of this world
are a part of a single brotherhood. [23:52-54]

Wed, 10/05/2011 - 13:31 — FCNA
Resolution
of the Fiqh Council of North America
Adopted in its General Body Meeting held in Virginia on September 24-25, 2011
On Being Faithful Muslims and Loyal Americans
Like other faith communities in the US and elsewhere, we see no inherent
conflict between the normative values of Islam and the US Constitution and Bill
of Rights.
Contrary to erroneous perceptions and Islamophobic propaganda of political
extremists from various backgrounds, the true and authentic teachings of Islam
promote the sanctity of human life, dignity of all humans, and respect of
human, civil and political rights. Islamic teachings uphold religious freedom
and adherence to the same universal moral values which are accepted by the
majority of people of all backgrounds and upon which the US Constitution was
established and according to which the Bill of Rights was enunciated.
The Qur'an speaks explicitly about the imperative of just and peaceful
co-existence, and the rights of legitimate self-defense against aggression and
oppression that pose threats to freedom and security, provided that, a strict
code of behavior is adhered to, including the protection of innocent
non-combatants.
The foregoing values and teachings can be amply documented from the two primary
sources of Islamic jurisprudence – the Qur'an and authentic Hadith. These
values are rooted, not in political correctness or pretense, but on the
universally accepted supreme objectives of Islamic Shari'ah, which is to
protect religious liberty, life, reason, family and property of all. The
Shari'ah, contrary to misrepresentations, is a comprehensive and broad guidance
for all aspects of a Muslim's life – spiritual, moral, social and legal.
Secular legal systems in Western democracies generally share the same supreme
objectives, and are generally compatible with Islamic Shari'ah.
Likewise, the core modern democratic systems are compatible with the Islamic
principles of Shura – mutual consultation and co-determination of all social
affairs at all levels and in all spheres, family, community, society, state and
globally.
As a body of Islamic scholars, we the members of FCNA believe that it is false
and misleading to suggest that there is a contradiction between being faithful
Muslims committed to God (Allah) and being loyal American citizens. Islamic
teachings require respect of the laws of the land where Muslims live as
minorities, including the Constitution and the Bill of Rights, so long as there
is no conflict with Muslims' obligation for obedience to God. We do not see any
such conflict with the US Constitution and Bill of Rights. The primacy of
obedience to God is a commonly held position of many practicing Jews and
Christians as well.
We believe further that as citizens of a free and democratic society, we have
the same obligations and rights of all US citizens. We believe that right of
dissent can only be exercised in a peaceful and lawful manner to advance the
short and long term interests of our country.
The Fiqh Council of North America calls on all Muslim Americans and American
citizens at large to engage in objective, peaceful and respectful dialogue at
all levels and spheres of common social concerns. We call upon all Muslim
Americans to be involved in solving pressing social problems, such as the
challenge of poverty, discrimination, violence, health care and environmental
protection. It is fully compatible with Islam for Muslims to integrate
positively in the society of which they are equal citizens, without losing
their identity as Muslims (just as Jews and Christians do not lose their
religious identity in doing the same).
We believe that emphasis on dialogue and positive collaborative action is a far
better approach than following the paths of those who thrive on hate mongering
and fear propaganda. Anti-Islam, anti-Semitism and other similar forms of
religious and/or political-based discrimination are all forms of racism unfit
for civilized people and are betrayal of the true American as well as Islamic
values.
May the pursuit of peace, justice, love, compassion, human equality and
fellowship prevail in the pluralistic mosaic that is the hallmark of our
nation.
Source: http://www.fiqhcouncil.org/taxonomy/term/5The
current FCNA members are:
Executive
Council
Dr. Muzammil Siddiqi, Chairman
Dr. Zainab Alwani, Vice Chairman
Dr. Zulfiqar Ali Shah, S.G./Executive Director
Dr. Mohamad A. El Sheikh
Dr. Jamal Badawi
Shaikh Abdur Rahman Khan
Shaikh Muhammad Nur Abdullah
Council
Members
Dr. Deina Abdelkader
Dr. Muneer Fareed
Shaikh Muhammad Hanooti
Imam Yahya Hendi
Dr. Yusuf Z. Kavakci
Dr. Muhammad Qatanani
Imam Hassan Qazwini
Dr. Ali Solaiman Ali
Dr. Muddassir H. Siddiqui
Dr. Ihsan Bagby